HAYES, District Judge.
Plaintiff as inventor and owner of patents Nos. 2,210,846 and 2,316,832 sued the defendant, a retail merchant, for infringement of both patents. The first is the basic patent and the latter is an improvement thereon. The accused devices known as "Air Stream Aerator" sold by defendant were manufactured by Marshall Metal Products, Inc., of New York City. This suit was filed in this district March 3, 1953. Answer was filed May 8, 1953.
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